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Tag Archives: Judith Rogers

Oral Argument Preview: Al-Bahlul v. United States

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Sunday, September 29, 2013 at 1:19 PM

Monday morning, an en banc panel of the D.C. Circuit will hear oral arguments in the case Ali Hamza Ahmad Suliman al Bahlul v. United States. Lawfare has covered  extensively the ins and outs of this important case, in which a Guantanamo detainee appeals his 2009 conviction by military commission for providing material support to Al Qaeda, conspiracy, . . .
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DOJ Seeks Rehearing En Banc in Bahlul to Overturn Hamdan II

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Tuesday, March 5, 2013 at 6:34 PM

Back in January, we devoted a fair amount of attention to the DOJ Supplemental Brief in the al-Bahlul military commission appeal–and the rather significant internal debate within the Administration about whether to accept the D.C. Circuit’s ruling in Hamdan II, or to seek to overturn it either by pursuing rehearing en banc in Bahlul (which is arguably a better . . .
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D.C. Circuit Opinion in Khairkhwa Comes Down

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Friday, December 14, 2012 at 11:56 AM

The D.C. Circuit has handed down its latest Guantanamo habeas case, Khairkhwa v. Obama. The brief, unanimous opinion by Senior Judge A. Raymond Randolph for himself and Judges Judith Rogers and Merrick Garland contains no surprises. As expected, it affirms the detention of a detainee found by the district court to be a senior Taliban . . .
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Bahlul D.C. Circuit Argument Postponed; Is Hamdan Nigh?

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Wednesday, August 22, 2012 at 11:41 AM

Ben beat me to it, but this morning, the D.C Circuit issued a terse order removing United States v. al Bahlul (the “other” military commission appeal) from its argument calendar (it was scheduled to be argued before Judges Henderson, Rogers, and Tatel on Monday, September 10), and ordering “that oral argument be postponed until further order of the . . .
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Bahlul Files Reply Brief

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Thursday, June 28, 2012 at 9:49 AM

Ali Hamza Ahmad Suliman Al Bahlul has filed his reply brief in his appeal of his military commission conviction in the U.S. Court of Appeals for the District of Columbia Circuit. You’ll recall that Al Bahul requested his appeal to be heard initially en banc, but that motion was denied. The government filed its respondent . . .
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No Preliminary Injunction for Al Hawsawi

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Saturday, January 21, 2012 at 7:04 AM

The D.C. Circuit has batted back Mustafa Ahmed Al Hawsawi’s request for a preliminary injunction to stop the new mail search policy at Guantanamo Bay. A per curiam order by a panel consisting of Judges Merrick Garland, Janice Rogers Brown, and Judith Rogers says that: Petitioner has not satisfied the stringent requirements for an injunction pending court . . .
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Briefs and Oral argument in the Moe Davis/CRS Lawsuit

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Friday, November 11, 2011 at 12:34 PM

Earlier this year, Judge Walton denied a pair of motions to dismiss in the civil suit filed by Moe Davis against the Librarian of Congress and the Director of the Congressional Research Service (“CRS”).  Davis, who previously served as chief prosecutor in the military commissions system, had been employed by CRS as assistant director of . . .
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DC Circuit ATS Decision in ExxonMobil Sharpens Circuit Split

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Monday, July 11, 2011 at 11:42 AM

On Friday, the DC Circuit held, in a 2-1 panel decision in Doe v. ExxonMobil, that corporations may be held liable under the Alien Tort Statute, creating a decisive circuit split with the Second Circuit’s decision in Kiobel last September. The plaintiffs in Kiobel have filed for cert, and I had previously speculated that the . . .
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Thoughts on Almerfedi

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Friday, June 10, 2011 at 12:12 PM

Almerfedi is a big deal–though perhaps subtly. Judge Laurence Silberman’s opinion continues a trend, begun by Judge Brett Kavanaugh in Uthman, of clarifying just how little the preponderance of the evidence standard really requires of the government. This question was a big theme of Silberman’s comments at oral arguments, and the opinion–while less flamboyant on . . .
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D.C. Circuit Opinion in Almerfedi

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Friday, June 10, 2011 at 10:58 AM

The D.C. Circuit has handed down its decision in the case of Hussain Almerfedi, a Guantanamo habeas petitioner. The opinion is written by Judge Laurence Silberman for himself and Judge Brett Kavanaugh. Judge Judith Rogers concurred in part and in the judgment, which reverses a district court opinion granting Almerfedi the writ. In my oral . . .
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Almerfedi Oral Argument Summary

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Monday, April 11, 2011 at 4:57 PM

They say you can’t tell how a case is going to come out from an oral argument. Sometimes you can, and today is one of those days. Hussain Salem Mohammad Almerfedi is going to have his head handed to him on platter by Judges Brett Kavanaugh and Laurence Silberman. The decision granting him habeas corpus is . . .
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Almerfedi Oral Argument Preview

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Sunday, April 10, 2011 at 11:06 PM

Tomorrow morning, a panel of the D.C. Circuit Court of Appeals will hear arguments in another Guantanamo habeas case, that of Hussain Salem Mohammad Almerfedi (Case No. 10-5291). The case is a government appeal of Judge Paul Friedman’s sole Guantanamo habeas merits decision to date, a case in which he granted the writ. In Almerfedi’s case at the . . .
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D.C. Circuit Grants Temporary Stay in Almerfedi

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Monday, March 7, 2011 at 10:09 PM

This afternoon the D.C. Circuit responded to the government’s request for a temporary stay in Almerfedi v. Obama by granting the motion. This means that the detainee, habeas petitioner Hussain Salem Mohammed Almerfedi, will remain in custody at Guantanamo Bay while the appellate panel of Judges Rogers, Kavanaugh, and Silberman considers in full the government’s motion to stay the . . .
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No En Banc Hearing in Pre-Transfer Notice Appeal

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Wednesday, January 12, 2011 at 3:23 PM

Yesterday the D.C. Circuit denied a petition for initial hearing en banc in Abdah v. Obama (No. 05-5224), a case involving the same type of pre-transfer notice orders as those at issue in Kiyemba II.  Kiyemba II, readers may recall, was the D.C. Circuit case that essentially vacated a district court-imposed requirement that the government give 30 . . .
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Will the Supreme Court Take a GTMO Habeas Case This Term? And If So Will This Persuade Congress to Legislate?

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Wednesday, September 29, 2010 at 2:40 PM

For about a year and a half after the Supreme Court’s 2008 ruling in Boumediene v. Bush, district judges were left to their own devices in grappling with the Guantanamo habeas litigation.  Beginning in January this year, some of their resulting decisions began to percolate up to the D.C. Circuit Court of Appeals, and by . . .
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